ISLAMABAD: The Supreme Court restored the Army Act in its original form allowing civilians’ trial in military courts.
The Supreme Court’s constitutional bench, while delivering the verdict in the case concerning civilians’ trials in military courts, has restored the Army Act to its original form.
The court accepted the appeals of the Ministry of Defence and others, nullifying the Supreme Court’s earlier decision of October 23. It reinstated clauses 2(1)(d)(i), 2(1)(d)(ii), and 59(4) of the Army Act.
The Supreme Court referred the matter to the government to ensure the right to appeal against military court decisions, instructing it to legislate on this matter within 45 days. It also ordered amendments in the Army Act to allow appeals in High Courts.
The decision was passed by a majority of 5-2. The majority opinion was given by Justice Aminuddin, Justice Muhammad Ali Mazhar, Justice Musarrat Hilali, Justice Hasan Azhar Rizvi, and Justice Shahid Bilal. Meanwhile, Justice Jamal Mandokhail and Justice Naeem Akhtar Afghan dissented from the majority opinion.
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